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Federal Judges Should Be Conservative By Default
When Government goes trolling for arbiters of justice at the Federal level, it does so, ostensibly, with the intention of finding judges who are ready to defend and support the Constitution of the...
View ArticleThe Constitution and the Individual Mandate
I found Simon Lazarus’s Huffington Post piece, “The Trumped-Up Constitutional Case to Trump Health Care Reform” to be a disheartening, depressing read (click here to read it). He basically argues that...
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Constitution, Not Court, Is Supreme
“The democratic integrity of the law . . . depends entirely upon the degree to which its processes are legitimate. A judge who announces a decision must be able to demonstrate that he began from...
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Judicial Activism and “The Living Constitution”
For several days I’ve been mulling over this article on Justice Souter by Dahlia Lithwick. Lithwick commends Souter for calling Americans to “grow up” in our expectations of our Supreme Court...
View ArticleKagan Wrote the Book on Partial-Birth Abortion
I’m surprised to read this commentary by Wesley J. Smith at First Things. Smith links to a NRO article by Yuval Levin that relates an interesting development on Supreme Court Nominee Elena Kagan. It...
View ArticleWhy Does the Declaration Matter?
In the hub-bub surrounding any Supreme Court nomination, people consistently focus on how the nominee interprets the Constitution. The Declaration of Independence is largely ignored, since, after all,...
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Our Living, Breathing Constitution
The argument that the Constitution is a living document that may be reshaped from time to time to keep it relevant to a rapidly changing culture is a pernicious idea, the preposterous nature of which...
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Which Is To Be Master?
In a breathtaking act of judicial overreach, a federal judge in the Golden State overturned California’s Proposition 8 recognizing “marriage” as valid only between a man and a woman. That...
View ArticleExecutives Gone Wild
Not surprisingly, the Obama administration is embracing the Bush-era practice of expanding federal preemption. In short, federal preemption is the idea that any federal law on a particular matter...
View ArticleBad Turn for the Unborn
An appeals court has made permanent their injunction against a federal judge whose ruling blocked federal funding for embryonic stem cell research. The court had previously placed a temporary...
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Restrained by the Constitution
“In questions of power, then, let no more be heard of confidence in man but bind him down from mischief by the chains of the Constitution.” Thomas Jefferson On December 13, U.S. District Judge Henry...
View ArticleSupreme Court Stands Up for Juries
The Supreme Court released a new ruling that takes an interesting stand for the judgment of the jury. From The Christian Science Monitor (click here to read the whole article): The case involves the...
View ArticleHow Did the Mandate Come to Be?
Ross Douthat at The New York Times tackles an under-addressed question about the Affordable Care Act’s individual mandate to purchase health insurance: How exactly did it come to be? Why did the Obama...
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Supreme Court Mulls Not Just Healthcare, but the Role of Government in America
As an attorney who has argued a number of appellate cases, I can testify that judges’ questions during oral arguments are not necessarily a good predictor of the outcome of a case. Judges often use...
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Judicial Activists Undermine the Democratic Process
Last week, President Obama made news when he suggested that it would be “unprecedented” for the Supreme Court to declare unconstitutional a law passed by a “strong majority of a democratically elected...
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Conservatives Should Tone Down Criticism of Roberts
“Members of this court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our nation’s...
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Roberts’ Bad Call
There was a very interesting occurrence in Major League Baseball recently that had the sports world abuzz. In New York, on Tuesday, June 26, the Yankees were playing the Cleveland Indians. It was the...
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Who Will Guard Us From Our Guardians?
By now most Americans paying attention know that the Affordable Care Act (ACA), sometimes called Obamacare, was declared to be constitutional by an uneasy alliance supported by an even more uneasy...
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The Quest for Honorable Men
In a lecture to the United States Naval Academy on November 24, 1997 William J. Bennett stated: “Honor never grows old, and honor rejoices the heart of age. It does so because honor is, finally, about...
View ArticleThe Supreme Court’s New Term
The Wall Street Journal has a short summary of “cases to watch” in this new Supreme Court term. Among the possibilities are cases involving gay marriage and lower court rulings, affirmative action,...
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